NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10747
SECOND DIVISION Docket No. 10788
The Second Division consisted of the regular members and in
addition Referee Leonard K. Hall when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Washington Terminal Company
Dispute: Claim of Employes:
1. That the Washington Terminal Company violated Rule 29 of the
controlling agreement when Deborah T. Alexander was unjustly suspended for a
period of five (5) days as a result of investigation held on July 25, 1983.
2. That accordingly, the Washington Terminal Company be ordered to
reinstate Deborah T. Alexander with compensation for her net wage loss due to
health and welfare benefits not continued.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant, employed as a Car Cleaner, was charged with failure to
sweep both ends of passenger car 2990 and subsequent failure to meet her
Supervisor for further assignment as instructed on June 26, 1983.
At the hearing accorded the Claimant, the Supervisor, Gang Leader
Gibson, testified that he instructed the Claimant to sweep both ends of
Sleeper Car 2990 and to thereafter meet him on Train No. 176 on Track No. 24
after she finished her cleaning work on car 2990.
The Claimant repeatedly testified that the Gang Leader did not give
her those instructions, whereas the Gang Leader repeatedly contended that he
did.
The Hearing Officer made an extended effort to clear up the conflicts
in the testimony without apparent success. The net result was, however, that
the car was not swept, there was no meeting with the Supervisor and the work
she was performing at the time the instructions were reportedly given was
completed approximately forty-five minutes prior to her 4:00 P.M.
quitting time. During that time frame, the Claimant performed no work.
Form 1 Award No. 10747
Page 2 Docket No. 10788
2-WTC-CM-186
The credibility of the testimony is at issue. While there is sharp
conflict in the testimony, it has been and continues to be uniformly held that
the credibility of those testifying, their demeanor and weight given their
testimony is for the determination of the Hearing Officer. This Board is not
the trier of the facts.
Absent arbitrary or capricious behavior or abuse of discretion by the
Hearing Officer, and there is none indicated in the transcript of the Hearing
furnished the Board, we will not substitute our judgment for that of the
Terminal Company.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
00
Attest:
ancy J. e~r - Executive Secretary
Dated at Chicago, Illinois, this 19th day of February 1986.